CITY COUNCIL MEETING
AUGUST 21, 2006
7:00 P.M.
MAYOR GREEN: I’d
like to call the meeting to order, please.
I’d like to ask Pastor Daniel Morris from the First Church of God to
come up and open our meeting with a prayer.
PASTOR MORRIS: Shall
we pray? God of our fathers, we echo the
words of the Psalmist of old who said, Oh, that men would give thanks to the
Lord for His goodness and for His wonderful works to the children of men! And, we do pause in this moment to thank
You, O God, for Your bountiful blessings upon this nation, upon this state and
upon this City of Kankakee. America is
great because the leaders of the land have trusted in Your divine guidance and
leaned not to their own understanding.
May it be so tonight. As the
chosen leaders of this City gather during this hour to deliberate and do
business, may they see the providential hand of God at work in their
midst. May their minds be clear, may
their hearts be pure and their work beneficial for the people of Kankakee. In the name of Christ, Our Lord, we
pray. Amen.
MAYOR GREEN: Now
I’d like to ask Beau Thomas, Jordan and Morgan Thomas to come up and lead
our...........open our meeting with the pledge.
BEAU, JORDAN AND MORGAN
THOMAS AND ALL: Pledge of Allegiance.
MAYOR GREEN: Thank
you very much. Roll call.
CLERK DUMAS:
PRESENT:
Hunter; Epstein; Baron; Ciaccio; Williams; Grant; Hearn; Diersen; Trost;
Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
MAYOR GREEN: Department
Heads.
CLERK DUMAS:
PRESENT:
Kinkade; Young; Dear; Spice; Bohlen; Power;
Simms; Tyson; Cross; Nolan; Gordon (11)
ABSENT: Leshen; Fuerst (2)
MAYOR GREEN: You
have........you have the, ah, minutes of the August 7, 2006, meeting. I need a motion to approve.
ALDERMAN HUNTER: Are
there any questions on the contents therein? Any questions? Move to approve as recorded.
ALDERMAN HEARN: Second.
MAYOR GREEN: Motion
by Alderman Hunter, seconded by Alderman Hearn to approve the minutes of the
August 7, 2006, meeting. All in favor,
AYE. Opposed, same sign.
MOTION TO APPROVE CITY COUNCIL MEETING MINUTES OF
AUGUST 7, 2006
MAYOR GREEN: Motion
carries. First item of business under
Petitions. We have an Ordinance
approving an annexation agreement between the City of Kankakee and Don and Gail
Anderson to annex approximately 6.75 acres into the City. First of all, we need to accept the
recommendations of the Planning Board.
ALDERMAN HEARN: I
make a motion to, ah, accept the recommendations of the Planning Board.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant to accept the recommendation of
the Planning Board. Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
FINDINGS AND RECOMMENDATIONS
PB06-09: AN ORDINANCE APPROVING AN ANNEXATION
AGREEMENT
BETWEEN THE CITY OF KANKAKEE AND DON AND GAIL ANDERSON
TO ANNEX APPROXIMATELY 6.75 ACRES INTO THE CITY
MAYOR GREEN: Motion
carries. Next, we have the Ordinance
approving the annexation agreement between the City of Kankakee and Don and
Gail Anderson. Is there a motion to
Suspend the Rules?
ALDERMAN HEARN: I
make a motion to Suspend the Rules that would interfere with the passage of
this Ordinance at this time.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant to Suspend the Rules that would
interfere with the passage of this Ordinance.
Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
MAYOR GREEN: Motion
carries. Is there a motion to put this
Ordinance on its Final Passage and Pass?
ALDERMAN HEARN: I
so move.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant to put this Ordinance on its
Final Passage and Pass. Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
PB06-09: AN ORDINANCE APPROVING AN ANNEXATION
AGREEMENT
BETWEEN THE CITY OF KANKAKEE AND DON AND GAIL ANDERSON
TO ANNEX APPROXIMATELY 6.75 ACRES INTO THE CITY
MAYOR GREEN: Motion
carries. Next, we have the Ordinance
approving a petition for annexation by Don and Gail Anderson to annex
approximately 6.75 acres into the City.
We need to accept the recommendations of the Planning Board.
ALDERMAN HEARN: I
make a motion to accept the recommendations of the Planning Board.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant to accept the recommendations of
the Planning Board. Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
FINDINGS AND RECOMMENDATIONS
PB06-09A: AN ORDINANCE APPROVING A PETITION FOR
ANNEXATION
OF THE DON AND
GAIL ANDERSON PROPERTY INTO THE CITY
MAYOR GREEN: Motion
carries. Next, is the Ordinance
approving the annexation for Don and Gail Anderson of this property into the
City. Is there a motion to Suspend the
Rules?
ALDERMAN HEARN: I
make a motion to Suspend the Rules that would interfere with the passage of
this Ordinance at this time.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant to Suspend the Rules that would
interfere with the passage of this Ordinance.
Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
MAYOR GREEN: Motion
carries. Is there a motion to put this
Ordinance on its Final Passage and Pass?
ALDERMAN HEARN: I
so move.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant.
Any questions? Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
PB06-09A: AN ORDINANCE APPROVING A PETITION FOR
ANNEXATION
OF THE DON AND
GAIL ANDERSON PROPERTY INTO THE CITY
MAYOR GREEN: Motion
carries. Next, is case PB06-11. It’s a request for final plat approval for
the Riverstone Commercial Park, 3rd Addition Subdivision
development. We need to accept the
recommendations of the Planning Board.
ALDERMAN HEARN: I
make a motion to accept the recommendations of the Planning Board.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant to accept the recommendations of
the Planning Board. Any questions? Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman (12)
NAY: Cox (1)
ABSENT: Brown (1)
PB096-11: A REQUEST FOR FINAL PLAT APPROVAL OF THE
RIVERSTONE
COMMERCIAL PARK, 3RD ADDITION SUBDIVISION
DEVELOPMENT
MAYOR GREEN: Motion
carries. Next, is the request for final
plat approval of the Riverstone Commercial Park, 3rd Addition,
Subdivision development. Is there a
motion?
ALDERMAN HEARN: I
make a motion to accept the request of final plat approval.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant to request.............to grant
the request for final plat approval. Any
questions? Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman (12)
NAY: Cox (1)
ABSENT: Brown (1)
PB096-11: A REQUEST FOR FINAL PLAT APPROVAL OF THE
RIVERSTONE
COMMERCIAL PARK, 3RD ADDITION SUBDIVISION
DEVELOPMENT
MAYOR GREEN: Motion
carries. That’s the end of the Petitions
from the Chair. We’re going to move to
Communications. Before I ask for any
action on the Communications, there’s a couple things that I would like to
mention tonight. Number one is, I passed
out to you a press release that went out today statewide showing that Kankakee,
Illinois, has been picked as a place where an ethanol plant is going to be
built. That plant will be in the
Kankakee Regional Industrial Park south of this community. It will be right next door to where the
landfill has been sited. This company,
Alternative Energy Solutions–or Sources, has purchased 248 acres to build a
plant at this location. It will produce
about 110,000,000 gallons of ethanol per year.
We’ll use about, ah, 35,000,000 bushels of corn from Kankakee
County. It will employ somewhere between
45 to 55 people and have an annual payroll of $2.5 to $3.5 million a year. One of the reasons that this location was
picked by this company, it is next to the landfill, but one of the sources of
energy that will be used eventually in this plant, of course, is the methane
gas that’s produced by this facility. As
you will recall, this is one of the things that the administration was talking
about. There are things that can occur
and can happen and can be positive as a result of a landfill being sited in
this County. So, that’s for your
information only. Ah, I think it’s a
heck of a..........I think it bodes well for this community and when you think
of what’s happened south of town, ah, and I think it’s even part of this press
release, you know, IKO Roofing has just located here and built a $40,000,000
plant and that plant is up and running and, as a matter of fact, I think the
official ribbon cutting of that is next week.
Ah, and, Cognis Corporation, of course, just completed a $19,000,000
expansion south of town. So, there are
good things happening in this community and that’s important to us.
ALDERMAN WILLIAMS: Mayor
Green.
MAYOR GREEN: Alderman
Williams.
ALDERMAN WILLIAMS: Does
Tom Volini have anything to do with this?
Is he partner’s with it or any way?
MAYOR GREEN: No. No. He
sold the land to this company out of Kansas City.
ALDERMAN COX: Mayor
Green.
MAYOR GREEN: Yes,
Alderman.
ALDERMAN COX: That
asphalt plant. How many employees they
got?
MAYOR GREEN: What
asphalt plant?
ALDERMAN COX: The
one that..........
ATTORNEY BOHLEN: Roofing.
MAYOR GREEN: Oh,
the roofing? You know, I can’t answer
that question. I think–and please don’t
hold me to this–I think it’s somewhere between 65 to 85 employees.
ALDERMAN COX: Ah,
they got fair employment?
MAYOR GREEN: Pardon?
ALDERMAN COX: Fair
employment?
MAYOR GREEN: Ah,
I’m assuming they do. I mean, I’ve...........
ALDERMAN COX: Mr.
Gordon, is fair employment at that plant?
ATTORNEY BOHLEN: They’re
not in the City.
MAYOR GREEN: They’re.......they’re........at
the present time, you’ve got to recall, they’re in the County of Kankakee, not
in the City of Kankakee. They come in at
the end of the five-year period, so we have no jurisdiction over them right at
this time.
ALDERMAN COX: What
is it, 25 employees or more?
MAYOR GREEN: I
can’t answer that question.
ALDERMAN COX: Mr.
Bohlen, do you know? EEOC
ATTORNEY BOHLEN: EEOC,
yes.
ALDERMAN HUNTER: Fifteen.
ATTORNEY BOHLEN: Fifteen
or more. You’re right.
MAYOR GREEN: Ah,
next, I just want to announce that this question came up at one of the meetings
about a month ago. Ah, and, I said that
I would take it under advisement. I
have. I’m going to appoint a committee
to look at the compensation of the Mayor, the City Clerk and the Aldermen for
the City of Kankakee. I have done
that. I have appointed a committee to do
that. I have appointed two elected
officials from this Board; one being Dennis Baron, the Chairman of the Budget
Committee. The other being Steven
Hunter, the Vice-Chair of the Budget Committee.
The following individuals I have appointed and they have all accepted
their committee appointments. By the
way, this doesn’t take any action on the part of the Council, but I just wanted
to advise you of what I have done. I
have asked Mr. Bill Buck who is from Centrue Bank and he has agreed to serve on
that committee. I’ve asked Ken Munjoy
who is the Circulation Manager for The Daily Journal. He has agreed to be on that committee. I’ve asked Jamie Boyd a local attorney who
has agreed to be on that committee. I’ve
asked Jeff Jones a local businessman, an undertaker, in the community who will
be on it. I’ve asked John Cloman. John is sitting in the back and John is
representing many of the neighborhood groups in our community. I asked Phil Kambic the current CEO of
Riverside Hospital and I’ve asked Pam Dunlap who is the PR person for Peoples
Bank. And, those folks have all agreed
to it. I’m going to be the Chair of that
committee. That will meet probably some
time after Labor Day and we will come back to you with some
recommendation. Next, at the Utility
Board meeting tonight I also announced that I was appointing a committee to
look at the rates that the, ah, solid..........that the sewer rates for the
City of Kankakee. They have not changed
in the last two years. We did a study
six years ago to look at that. The
committee is going to be made up of myself, of Mr. Brown–Mr. Carl Brown, and
Mr. Ken Hearn and Mr. Simms and we are going to come back to that Board with
some type of a recommendation. Last,
and, of course, not least of all, I also gave each of you an invite from the
Provena St. Mary’s Hospital. As you
know, George Miller is leaving that institution to move to Ohio, and they’re
having a reception for him on Thursday night of this week from 5:30 to 7:00
(P.M.). They asked that I would ask
each of you as Aldermen for the City of Kankakee if you’d like, you certainly
can attend that reception. I think it’s
a shame that we’re losing Mr. Miller from our community. I think he has been a very dynamic leader in
our community and certainly has been a good leader for Provena Hospital. So, those are the end of the things that I
had that were not on the agenda and they’re just announcements from the
Chair. We’ll go into Communications and
we can deal with–under Communications–A, B, C, D, E, F, G and H if you so
desire.
ALDERMAN HUNTER: Ah,
items A, B, C are received and placed on file, but I move to approve items 7D,
E, F, G and H.
MAYOR GREEN: Is
there a second?
ALDERMAN EPSTEIN: I’ll
second.
MAYOR GREEN: Motion
by Alderman Hunter, seconded by Alderman Epstein. All in favor, AYE. Opposed, same sign.
GLEANER’S IS REQUESTING PERMISSION TO BLOCK OFF THE
500 BLOCK
OF SOUTH WILDWOOD AVENUE FOR A BLOCK PARTY/CARNIVAL TO
BE HELD AT STEUBEN SCHOOL ON SATURDAY, AUGUST 26,
2006, FROM
9:30 A.M. UNTIL 6:00 P.M.
KIWANIS CLUB OF KANKAKEE IS REQUESTING PERMISSION TO
HOLD
THEIR ANNUAL PEANUT SALES DAY ON FRIDAY, SEPTEMBER 22,
2006,
FROM 7:00 A.M. UNTIL 6:00 P.M.
CENTRAL ILLINOIS CARDINALS CHEERLEADERS ARE REQUESTING
PERMISSION TO HOLD A TAG DAY ON SATURDAY, SEPTEMBER
23, 2006
GROW IN ILLINOIS IS REQUESTING PERMISSION TO HOLD
THEIR
ANNUAL TAG DAY ON SATURDAY, SEPTEMBER 30, 2006, FROM
9:00 A.M. UNTIL 1:00 P.M.
RECOMMENDATION TO ACCEPT THE ROUTE FOR THE KANKAKEE
PARADE ON SATURDAY, SEPTEMBER 2, 2006
MAYOR GREEN: Motion
carries. Next, we’ll move into
Committees. Standing Committees. Public Safety. Alderman Hunter. Any comments?
ALDERMAN HUNTER: Mayor
Green, Your Honor. This report is
self-explanatory. They should be
received and placed on file.
MAYOR GREEN: Thank
you. Budget. Alderman Baron.
ALDERMAN BARON: Your
Honor, the only item we’re requesting action on is the permission from the City
Council to let for bid certain fire safety equipment that’s been identified by
our Fire Chief for qualifying a grant from the IPRA which has been explained to
us was $50,500 for the things that qualify.
We have a list of what looks like it would be about that much. And, we’re just asking for permission to let
for bid this certain fire safety equipment.
I would so move.
ALDERMAN HUNTER: Second.
MAYOR GREEN: Motion
by Alderman Baron, seconded by Alderman Hunter.
Any questions? Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
RECOMMENDATION TO AUTHORIZE THE FIRE DEPARTMENT TO GO
OUT FOR BID FOR FIRE SAFETY EQUIPMENT IDENTIFIED AS
QUALIFYING FOR IPRA GRANT REIMBURSEMENT
MAYOR GREEN: Motion
carries. Next, License and
Franchise.
ALDERMAN EPSTEIN: Information
is in the packet.
MAYOR GREEN: Thank
you. Ah, by the way, and something just
slipped my mind under Communications.
Ah, I do want to announce tonight that I received a resignation from
Carl Dodson. Carl has been our Building
Maintenance Department Head now for how many years, Carl?
CARL DODSON: Four
years.
MAYOR GREEN: Four? Four years.
Carl has received an opportunity to go to work for the U.S. Government
through the Department of State in the same field he has been in here with the
City of Kankakee. He submitted his
resignation to me last week and that will be effective the end of this month. I wrote a letter back to Carl accepting it
with regret. I’m sorry that he’s leaving
our employ and our community, but I think it’s a heck of an opportunity for
him. This is something I think he’s been
working for for some time. I can tell
you that it’s been two years ago when–about two years ago–when I interviewed
with the Department of State when they were starting to work on Carl and his
background. So, I congratulate him. I wish him the best of luck for he and his
family, but I think it’s one.......one heck of an opportunity for him. So, I just want to say at this time, Carl,
you know, thank you for everything you have done and we appreciate it. And, I, and the citizens of Kankakee, as well
as the elected officials, wish you nothing but the best of luck in the
future.
ALDERMAN COX: Mayor.
MAYOR GREEN: Alderman.
ALDERMAN COX: Concernin’the
financial crisis, are you gonna’ replace him?
MAYOR GREEN: I
don’t know yet. I haven’t decided yet.
ALDERMAN COX: Gotta’
start cuttin’ back.
MAYOR GREEN: I
haven’t decided yet. Next, the Report of
Officers.
ALDERMAN WILLIAMS: Move
to approve the Report of Officers, place the money in the proper accounts, pay
the bills in the amount of $458,685.09.
ALDERMAN CIACCIO: Second.
MAYOR GREEN: Motion
by Alderman Williams, seconded by Alderman Ciaccio to approve the Report of
Officers, pay the bills, place the money in the proper accounts in the amount
of $458,685.09. Questions on any of the
bills?
ALDERMAN HUNTER: We
have the money to, ah, issue the checks?
MAYOR GREEN: Yes. Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
REPORT OF OFFICERS APPROVAL OF BILLS $458,685.09
MAYOR GREEN: Motion
carries. Next, under Unfinished
Business, we have the Ordinance for the Appropriation Ordinance for the City of
Kankakee. And, this is the Second
Reading. Is there a motion?
ALDERMAN BARON: I
would move that we place the Appropriation Ordinance, the budget, on Second
Reading and pass.
ALDERMAN HUNTER: I’ll
second that. And, this budget is
balanced, I assume?
MAYOR GREEN: That’s
correct. Motion by Alderman Baron,
seconded by Alderman Hunter. Roll
call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman (12)
NAY: Cox (1)
ABSENT: Brown (1)
ORDINANCE MAKING APPROPRIATIONS FOR CORPORATE PURPOSES
FOR THE FISCAL YEAR BEGINNING MAY 1, 2006 AND ENDING
APRIL 30, 2007
MAYOR GREEN: Motion
carries. New Business. We have an Ordinance declaring Surplus
Property Ordinance for the City. Is
there a motion to Suspend the Rules?
ALDERMAN HUNTER: Motion
to Suspend the Rules that would interfere with consideration and passage of
this Ordinance at this time.
MAYOR GREEN: Motion
by Alderman Hunter. Is there a second?
ALDERMAN GRANT: Second.
MAYOR GREEN: Second
by Alderman Grant to Suspend the Rules that would interfere with the passage of
this Ordinance. Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
MAYOR GREEN: Motion
carries. Is there a motion to put this
Ordinance on its Final Passage and Pass?
ALDERMAN HUNTER: I
so move.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hunter, seconded by Alderman Grant.
Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
ORDINANCE DECLARING CERTAIN PROPERTY SURPLUS OF THE
CITY OF KANKAKEE–KANKAKEE POLICE DEPARTMENT AND
AUTHORIZING THE SALE THEREOF
MAYOR GREEN: Motion
carries. Next, is the handicapped
parking at 993 S. Fourth Avenue. Is there
a motion to Suspend the Rules?
ALDERMAN HEARN: Motion
to Suspend the Rules that would interfere with the passage of the Ordinance at
this time.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant to Suspend the Rules that would
interfere with the passage of this Ordinance.
Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
MAYOR GREEN: Motion
carries. Is there a motion to put this
Ordinance on its Final Passage and Pass?
ALDERMAN HEARN: I
so move.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant.
Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
ORDINANCE AMENDING CHAPTER 32, SECTION 231,
ESTABLISHING
HANDICAPPED PARKING AT 993 SOUTH FOURTH AVENUE
MAYOR GREEN: Motion
carries. Next, is an Ordinance naming a
public street to be commonly known as College Drive. This is the street from River Road that goes
up to KCC. This arose as a result of
receiving 9-1-1 calls and the college decided they’d sort of like to call it
College Drive, but we had not officially done it yet, so we need to do that and
name it so dispatch has the right name on the street.
ALDERMAN HEARN: I
make a motion to Suspend the Rules that would interfere with the passage of
this Ordinance at this time.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, seconded by Alderman Grant to Suspend the Rules that would
interfere with the passage of this Ordinance.
Roll call.
CLERK DUMAS:
AYE: Hunter; (There’s a lot of action in the 4th
Ward tonight, huh?
ALDERMAN
HEARN: Yes, there is.
ALDERMAN
HUNTER: Lot of action.); Epstein;
Baron; Ciaccio; Williams; Grant; Hearn; Diersen; Trost; Jones; Schwade;
Coleman; Cox (I think the street should be named Lehnus) (13)
ABSENT: Brown (1)
MAYOR GREEN: Motion
carries. Is there a motion to put this
Ordinance on its Final Passage and Pass?
ALDERMAN HEARN: I
so move.
ALDERMAN GRANT: Second.
MAYOR GREEN: Motion
by Alderman Hearn, second by Alderman Grant.
Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen (I’d like to ask, does this include the street that
goes in front of the ice rink, too?
MAYOR
GREEN: No, this is only the street
going up to the college at the present time.
Is that not right, Cliff?
CLIFF
CROSS: Well, no, the actual map of that shows that coming up all the way
around. I can amend it if you want. But, it does run through. I’d probably make more sense.
MAYOR
GREEN: Okay.
ALDERMAN
HUNTER: To where? Where does it stop?
CLIFF
CROSS: It’s basically a U.
MAYOR GREEN: It
goes back to River Road.
CLIFF CROSS Around
back to River Road. Everything
there.........
MAYOR GREEN: Excuse
me. Go ahead, Cliff.
CLIFF
CROSS: Everything there is currently
addressed off River Road. But, it doesn’t make more sense because it’s
way off of River Road. It does make more
sense to have it go completely through, that way you can have indistinguishable.
MAYOR GREEN: Mr.
Tyson, you have a comment?
DAVID
TYSON: The only thing I was going
to add to that, I think that the reason for this Ordinance is to connect the
ice arena road which is already dedicated to the.......to the City of Kankakee
to the entrance road to the college and this will eventually make a total U
around from in front of the college going adjacent to the ice arena.
MAYOR GREEN: So,
it’ll all be know as College Avenue, correct?
DAVID
TYSON: Yes.
MAYOR
GREEN: College Drive, excuse me.); Trost; Jones (Mayor, does that change the address
of the college to College Drive instead of River Road?
MAYOR GREEN: I
can’t answer that question.
UNKNOWN:
Yes. 100 College Drive.
MAYOR GREEN: It’s
100 College Drive for the college now.
ALDERMAN JONES:
Okay.); Schwade; Coleman; Cox (13)
ABSENT:
Brown (1)
ORDINANCE NAMING A PUBLIC STREET TO BE COMMONLY KNOWN
AS COLLEGE DRIVE
MAYOR GREEN: Motion
carries. Next, is an Ordinance amending
parking in front of the post office and establishing handicapped parking. I spoke with the post master one day and now
that the mail boxes are no longer on Court Street and because there were so
many people parking there and then going across the street to the courthouse,
ah, it became a problem providing parking for individuals who wanted to go in
and use the post office. So, I had Mr.
Tyson take a look at that. His
recommendation is that we create 15-minute parking in front of the post office
and that the first spot on Harrison Avenue on the west side of the street be
designated handicapped because that’s where the ramp is there. The post office has created two other
handicapped spots on the west side of their building. So, that’s the reason for this Ordinance
tonight. So, I need a motion to Suspend
the Rules. Actually we could probably deal with both D and E at the same
time.
ALDERMAN COX: So
moved.
MAYOR GREEN: Motion
by Alderman Cox to Suspend the Rules on
D and E. Is there a second?
ALDERMAN EPSTEIN: I’ll
second.
MAYOR GREEN: Second
by Alderman Epstein. Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
MAYOR GREEN: Motion
carries. Is there a motion to put this
Ordinance–these Ordinances on Final Passage and Pass?
ALDERMAN COX: So
moved, Mayor.
MAYOR GREEN: Motion
by Alderman Cox. Is there a second?
ALDERMAN EPSTEIN: Second.
MAYOR GREEN: Second
by Alderman Epstein. Roll call.
CLERK DUMAS:
AYE: Hunter; Epstein; Baron; Ciaccio; Williams;
Grant; Hearn; Diersen; Trost; Jones; Schwade; Coleman; Cox (13)
ABSENT: Brown (1)
ORDINANCE AMENDING CHAPTER 32 SECTION 32-180
ESTABLISHING
FIVE (5) FIFTEEN-MINUTE PARKING SPACES AT 475 EAST
COURT STREET
ORDINANCE AMENDING CHAPTER 32 SECTION 231 ESTABLISHING
A
HANDICAPPED PARKING SIGN AT 475 EAST COURT STREET ON
THE
WEST SIDE OF HARRISON AVENUE
MAYOR GREEN: Motion
carries. Next, you received from us a
copy of the revised supplemental host agreement for the operation of the
landfill. I’d like to go through that
with you and then ask for approval on that tonight. I’m going to ask Mr. Bohlen and/or Mr. Simms
just to walk through it as to what changes we have made to it and then ask for
your vote.
ATTORNEY BOHLEN: Essentially,
the changes are.........deal with terms of the length and amount of solid waste
and the amount of money to be paid for the solid waste. In concept, it is the plan of the developers
at Town & Country to go ahead and proceed on with the construction of the
landfill on a very minimal basis at this point.
The reason is, there are still two lawsuits pending. One, before the Illinois Supreme Court and
one before the Illinois Appellate Court of the 3rd District. The one before the Illinois Supreme Court
deals with the first application which the City Council approved in which the
Appellate Court said that the City Council was correct in approving and upheld
the City Council’s position although the Pollution Control Board had reversed
the City’s–reversed the approval. That
issue is before the Illinois Supreme Court at this time. The second case is before the 3rd
District Appellate Court which is your approval of the second application which
the Pollution Control Board approved the City Council’s approval of the second
application and the County has appealed that.
In order to facilitate dealing with local waste, Town & Country has
proposed to commence construction and to, on a very limited–not on a limited
basis–to allow the transfer, the hauling of solid waste from municipalities within
the County until such time as the litigation is resolved. They are permitted to do this under the
Illinois EPA permit. Because we’re
limiting, by agreement, to simply municipal waste from municipalities in the County, there is not
much income to be derived from that by Town & Country and we’ve agreed, at
a fixed price which is currently $5.00 a ton less than what we’re paying the
transfer station in Momence, that we will be allowed to haul and...........our
municipal waste to that......to that location as soon as it’s open. The projected open date is–do you know
Richard?
RICHARD SIMMS: Six
to eight months.
ATTORNEY BOHLEN: Right. In the meantime, there were certain other
issues of the host agreement that we had discussions regarding. Those are included in the supplemental
agreement which are there. One of those
provides–if I can go through it with you–if you go into the Whereas in
Paragraph 2, the first set of............the first paragraph is the Whereas is
that the......... we’re attempting to include in the host agreement. The first is–the first Whereas under
Paragraph 1 says that the operator will commence operation despite the pendency
of the siting appeals and serve the residents of Kankakee, Bradley,
Bourbonnais, Aroma Park, Manteno and Momence.
Second Whereas, is that he is going to develop.....the company will
obtain a permit and develop a compost site for the purposes of receiving the
City’s yard waste and as a facility for the reloading of curbside recycling
materials for further processing. So, at
this site, he has agreed to locate a compost site for our yard waste which is
currently being hauled to the western edge of the County and he’s agreed to
locate a..........essentially a transfer station for the recycling materials
that are now being hauled to Bradley.
ALDERMAN SCHWADE: Attorney
Bohlen.
ATTORNEY BOHLEN: Yes.
ALDERMAN SCHWADE: Is
it.........that’s just the City’s yard waste though, not the other communities?
ATTORNEY BOHLEN: That’s
correct. That’s correct. The third Whereas is, he has agreed to
increase the amount once he is open for business on a full-scale basis– meaning not just limited to the municipal
waste of the County, but open on a full-scale basis. As you recall in the Host Agreement, there
was free tipping for the City for a certain amount. It was capped at 250,000 tons–or $250,000
worth. We’re getting....we doubled that
by agreement to $500,000. Again, that’s
just for the City.
ALDERMAN COX: I
thought it was supposed to be all the housing.
ATTORNEY BOHLEN: And,
that’s the next sentence down which we increase the construction and demolition
waste that the City could haul from 15,000 cubic yards per year to 25,000 cubic
yards per year. We’re currently at about
15, I think. So, this gives us some amount
extra that we’ll be able to haul. The
third.........
ALDERMAN COX: How
many houses is that?
ATTORNEY BOHLEN: I
have no idea how many houses. It depends
on how big the houses are I suppose. I
don’t know.
ALDERMAN COX: I
knew that’d be your answer.
ATTORNEY BOHLEN: The
next is the commitment that was made to the Central School District of 10¢ per
ton–that’s now–that had never been included within the agreement. It’s now within the agreement. Ah, the next goes on to the duration of the
agreement, Paragraph 2. It states that
the duration of the agreement will be extended during any term of months that
the facility is open only for the receipt of waste from municipalities. The reason that is, is we don’t want the
limit on the income to be inclusive of the time period that that’s going to
happen. We don’t know how long we’re
going to be...........he’s going to be limited to that.......to that
extent. So, it’s extended. This is free time, in essence, for the City
other than the fact that we’re paying the cost.
This Paragraph 3 talks about the yard waste composting facility and the
facility for trans-loading the curbside recycling. Paragraph 4 provides that the City shall have
inspectional respon........... or, permits us and requires us to have our own
construction inspection of the ongoing construction of this facility. And, we will have primary responsibility for
inspection of construction and facility operation. That’s to assure that the City can be
involved and insure the quality of that construction and operation. The next provision deals with the requirement
of roads. The improvement of roads which
was previously in there, ah, and I’m not sure–I can’t remember what the change
is. However.
ALDERMAN HUNTER: Is
there still a commitment to do, ah, Otto Road as well as..........
ATTORNEY BOHLEN: There’s
a commitment to do Otto Road assuming the landfill is sited. Quite frankly, your previous announcement
that you saw tonight will require the County to improve Otto Road before we
ever get there. Because, in order to
accommodate the ethanol plant, Otto Road’s going to have to have substantial
improvements.
MAYOR GREEN: And,
I’m sure the County will want to do that.
ALDERMAN HUNTER: Oh,
I’m sure they will. I’m sure they will.
ATTORNEY BOHLEN: Ah,
Paragraph 5 increases the amount of tonnage which can be hauled to the facility
from 3,500 to 5,500. I should have
brought the Host Agreement in. Paragraph
6, Richard can you–do you remember what that deals with?
RICHARD SIMMS: Tell
me what it is.
ATTORNEY BOHLEN: Paragraph
6.5 shall be modified to delete the term .037.
RICHARD SIMMS: Yes,
that’s the.......the, ah, Ordinance at the time you sited the landfill.
ATTORNEY BOHLEN: Okay. Thank you.
RICHARD SIMMS: Leachate
was 3.5¢ a gallon and we indicated it’s now 5¢ based on the Ordinance so he had
to have met.......
ATTORNEY BOHLEN: We’re
raising the price that he will pay to the City for us treating the leachate
from the...........
RICHARD SIMMS: The
leachate from the landfill.
ATTORNEY BOHLEN: From
the facility.
RICHARD SIMMS: Correct.
ATTORNEY BOHLEN: So,
that will be more revenue, again, to the City.
Paragraph 7 says that we will pay the $34.00 per ton and increases the
amount that we’re able to haul.
Paragraph 8, ah, provides for the term, the amount in time. In addition, in Paragraph 8, that’s where the
10¢ per ton for Central School District is, and it’s also provided that if
there is revenues or the landfill receives in excess of 3,500 tons exclusive of
waste generated by the City, that the tipping fee to the City will be increased
by 75¢ per ton for that amount in excess of 3,500 tons. The tipping fee is now $4.00. It would go to $4.75 for that amount over
3,500 tons. Ah, Paragraph 9 deals with
what it means when we’re going........when the money starts flowing which is
the second full year of operation. The
second full year of operation is a reference to the point at which he starts to
receive waste from outside the four, or the five cities mentioned in the County
of Kankakee. Paragraph 10 is a limit on
his right to sell the property. Or, to
sell the ownership interest. In the
event that it’s sold to a publicly traded company, we have the right to
renegotiate our agreement with the new buyer.
ALDERMAN HUNTER: Good
. Excellent.
ATTORNEY BOHLEN: Ah,
Paragraph 11 deals with the residential property protection plan and that’s
suspended until such time as the siting approval is obtained as a result of the
Illinois Supreme Court decision or the 3rd District Appellate Court
decision. Paragraph 12, ah, references
the host fees and the City revenues and that’s simply modified to reflect what
we’ve already discussed. And, I believe
that’s the primary.......those are the changes.
In essence, there’s three major changes.
One is, it’s going to open early until he can get final siting
approval. The second is, the tonnage,
the daily tonnage is increased, but so is the amount of money to the City and
third, the amount of waste that the City can haul for free is increased both in
terms of actual solid municipal waste and construction debris.
MAYOR GREEN: Alderman
Jones.
ALDERMAN JONES:
Ah, you said this is
still in court.
ATTORNEY BOHLEN: It
is.
ALDERMAN JONES:
Well, how are they
going..........in the utility meeting, we were told about the Starlight was
getting hit because they’re saying it’s a compost and it’s not a compost. And, here we’re going to open up a compost
when it’s still in court and I don’t understand. Explain that to me.
ATTORNEY BOHLEN: We
are not........WE are not opening up anything.
He.....Town & Country will receive a permit from the Illinois EPA to
establish and operate a composting site and will be subject to EPA inspections
and regulations.
ALDERMAN JONES:
So they don’t have a
permit as of yet?
ATTORNEY BOHLEN: No,
but they’ve agreed to obtain it and it’s.....it........the answer is, to your
question is no, but that’s a.......we believe that that’s not going to be a
problem.
ALDERMAN JONES:
So, we’re voting on
something that they don’t even have yet?
ATTORNEY BOHLEN: We’re
voting on making modifications to an agreement which require them to obtain the
permit. So, we’re not voting on
something they don’t have yet. We’re
voting on an agreement which imposes requirements on the City and on the
developers of the landfill.
MAYOR GREEN: Alderman
Cox.
ALDERMAN COX: In
case the decision don’t go the City’s way or Town & Country, will we be
liable to........could those indistinguishable sue the City?
ATTORNEY BOHLEN: No. Well, anybody can sue anybody for
anything. To answer your question. But, do I believe there is any liability on
the City? The City is not the
operator. The City is not
the.........the City has no liability in the construction of or the operation
of that facility.
MAYOR GREEN: Alderman
Espstein.
ALDERMAN EPSTEIN: Is
it my understanding, then, that they do not need siting approval as long as
they do not accept out-of-County waste?
ATTORNEY BOHLEN: No,
they do not need..........well, the answer is they have all the approval they
need right now unless one of the court decisions or both of the court decisions
go against them. At that point, then
they’re going to have to go back and refigure where they are. The likelihood........the dilemma that
the............that the courts have in
this case is, the County is on two exactly opposite arguments. If they prevail in the Illinois Supreme Court
on their primary argument, then they would have to lose in the 3rd
District Appellate Court on that same argument
which is, the argument is in the Illinois Supreme Court that the
Appellate Court should have given deference to what the Pollution Control did
in reviewing the case. And, since they
didn’t, that therefore the Appellate Court’s decision approving the siting
should be reversed. However, in Town
& Country Two........
ALDERMAN EPSTEIN: That’s
the opposite.
ATTORNEY BOHLEN: That’s
the opposite. If they give deference to
the Pollution Control Board’s decision, then the County’s argument just cannot
prevail.
ALDERMAN EPSTEIN: So,
we’re not concerned that we will have a landfill that is started, but may end
up going nowhere?
ATTORNEY BOHLEN: There
is always..........any time things are in court, there’s always concerns, but
it’s not our concern. It’s ultimately
the developer who has to make provisions, then what happens for closedown at
that.......if he would make that decision.
ALDERMAN EPSTEIN: If.......and
is there a reason for limiting the acceptance of just this municipality’s waste
and not accepting out-of-County at this point?
ATTORNEY BOHLEN: Because
of the risk and cost of construction for the developer, the developers are
willing to take the risk.......
ALDERMAN EPSTEIN: Minimally.
ATTORNEY BOHLEN: Minimal
risk and establish this, in essence, to accommodate the five municipalities
that are listed. Ah, as an accommodation
since nobody else in the County government seems to care what happens to that
garbage.
ALDERMAN EPSTEIN: Okay. Thank you.
MAYOR GREEN: Alderman
Ciaccio.
ALDERMAN CIACCIO: Ah,
this is an awful lot to throw at us at one meeting. We haven’t.......I don’t see nothin’ that he
was talkin’ about in writing. I make a
motion we Table this ‘til the next meeting.
ATTORNEY BOHLEN: Alderman,
it is in writing. It was in your book
that was sent out Friday.
MAYOR GREEN: It
was in your book.